Perbedaan Dasar Pertimbangan Hakim dalam Menjatuhkan Putusan Terhadap Pelaku Hubungan Seksual Sesama Jenis (Studi Putusan Nomor 115-K/PM.I-02/AD/III/2020 Jo Putusan Nomor 96-K/MIL/2020)

Keywords:

violation of immoral rules,, homosexual related,, homosexual.

Abstract

An action of Indonesian National Army (TNI) members who have the same- sex sexual (to commit homosexual relation act) will be somebody that damages the image of Indonesian National Army Forces. That action against the norms, official reguation, religion teaching and decency. The legal research method we use below is normative juridicial. By the research result which conducted in Military Court Decicion Study I-02 in Medan, Number 115-K/PM-102/AD/III/2020 which mention that defendant is  not proven legally to commit a criminal act, The first : Disobidience for accidental, or The Second : Intentionally and blantantly to commit a voilate decency. The Indonesian Supreme Court Decicion Number 96-K/MIL/2020 that states against the same defendant, who proven legally and convincingly, tha he is guilty, to commit a crimilal act, “Disobeying Official Orderintentionally”, So Indonesian Supremme Court to punish the accused criminally, with main criminal penalties, that he was dicharged  from military service of Indonesia National Army (TNI AD). The difference is because there has never been an article in the Law regarding same-sex/Homosexual sexual relations committed by those who are both adults. There is a prohibition on same-sex sexual relation in Indonesian  Natioanal Armed Forces Community environment. That prohibitionis an Army Chief of Satff’s Telegram Letter, Number 1313/2009 August 4th 2009. The ongoing of differences regarding the consideration Judge’s basic at the Military Court in Medan Military Court I-02, if it compared to Sperem Court View regarding the Army Chief of Staff’s Telegram Number 1313/2004 August 4th 2009.

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Published

2022-05-31